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B.A. 828/24
MHCC020052722024
IN THE COURT OF SESSION FOR GREATER BOMBAY
CRIMINAL BAIL APPLICATION No.828 OF 2024
Abdul Salim Abdul Shakur Shaikh
Age 43 years, R/o Room No.132, Madhukar
Vishwasrao Marg, Near Emgee Green, Nityanand
Nagar, Wadala, Mumbai 400 037
….Applicant
– Versus The State of Maharashtra
(At the instance of Wadala Police Station,
vide C.R.No.50/2024
.… Respondent
Appearance :Adv. Umesh Kumar / Adv Nirali Sharma for the Applicant/accused.
APP Iqbal Solkar for the State.

CORAM : RAJESH A. SASNE,
ADDITIONAL SESSIONS JUDGE,
COURT ROOM No. 30.
DATED : 18/04/2024
ORDER
This is an application filed by the accused u/sec.439 of The
Criminal Procedure Code for releasing him on bail in connection with
C.R.No.50/2024 registered with Wadala Police Station, Mumbai for the
commission of offences punishable u/sec. 326,323,504,34 of The Indian
Penal Code and Section 37(1), 135 of Maharashtra Police Act.

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2.

B.A. 828/24
It is the contention of the applicant / accused that he is
innocent and falsely implicated in the present case. The accused is
arrested on 21.03.2024. The applicant / accused submits that he has
undergone custodial interrogation. The investigation is completed. The
applicant is the sole earning member in the family. There is no point in
keeping the accused behind bars till conclusion of trial. There is no
criminal antecedents against the accused. He is the permanent resident
of his given address therefore he prayed for releasing him on bail.

3.

The prosecution opposed the application by filing reply
vide Exh.2. It is the contention of the prosecution that if the accused is
released on bail there are chances that he may flee away from justice. If
the accused is released on bail there are chances of threatening of
prosecution witnesses and tampering of prosecution evidence. Hence,
prosecution prayed for rejection of the application.

4.

Read the application, say filed by the prosecution. Heard
the ld. Advocate for the applicant, ld. APP for the respondent / State.

5.

I have gone through the application, reply, documents filed
on record. It is the case of the prosecution that one Siratal Parvez
Ahmed Shaikh lodged report that on 20.03.2024 when he was at the
backyard of his house, the co-accused Abdul Razak Shaikh came there
and started abusing him thereafter by means of iron rod he attacked on
the head of the informant. Blood started oozing from the head injury.
Thereafter, the co-accused Abdul Razak Shaikh made phone call to his
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B.A. 828/24
brother Abdul Saleem Shaikh (applicant) and Abdul Rehman Shaikh.
Abdul Saleem Shaikh (applicant) assaulted on the mouth, lips and chest
of the informant. Thereafter, co-accused Abdul Razak Shaikh by means
of iron rod assaulted on the head and on the forehead of the informant.
The co-accused Abdul Rehman Shaikh by means of bamboo assaulted
on the leg of the informant. The applicant / accused Abdul Saleem by
means of knife assaulted on the hand of the sister of the informant.
Therefore, report is lodged and offence is registered under Section 326,
307, 504 of the IPC.

6.

The role attributed to the present applicant / accused
Abdul Salim Abdul Shakur shaikh is that he gave fist blows on the face,
lips and chest of the informant. He also used knife in the offence which
resulted into injury to the wrist of the informant’s sister. All accused by
means of iron rod, bamboo and knife assaulted to the informant and his
sister. The offence is registered under Section 307 of the IPC. The
present applicant / accused has been arrested on 21.03.2024
7.

I have perused the injury certificate. There are injuries on
the head of the witness. The injuries appears on the vital part of the
body. The investigation in the offence is in progress. Anticipatory bail
application of accused Abdul Rehman Abdul Shakur Shaikh and Abdul
Razak Shaikh has been rejected. They are yet to be arrested. The
applicants / accused has criminal antecedents.

If the applicant /
accused is released on bail at this stage, it will hamper the investigation.
If the accused is released on bail, he will tamper with the prosecution
witnesses. The accused alleged to have committed offence under
Section 307 of the IPC. As the investigation is in progress hence, I am of
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B.A. 828/24
the view that the applicant / accused is not entitled to be released on
bail. In the result, I pass the following order :
ORDER
Criminal Bail Application No.828 of 2024 is rejected and disposed off
accordingly.
Date : 18/04/2024
Dictated on
: 18.04.2024
Transcribed on
: 19.04.2024
Signed by HHJ on : 20.04.2024
( RAJESH A. SASNE )
Additional Sessions Judge,
Gr. Mumbai.

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B.A. 828/24
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL SIGNED
ORDER.”
20/04/2024
5.38 p.m.

UPLOAD DATE
TIME
J.S. Chavan
NAME OF STENOGRAPHER
Name of the Judge (With Court H. H. Additional Sessions Judge Shri. R.A.
Room No.)
Sasne, Court Room No. 30.
Date of Pronouncement of ORDER 18/04/2024
ORDER signed by P.O. on
20/04/2024
ORDER uploaded on
20/04/2024